Civil Procedure Multistate Bar Practice Exam

What is required for all defendants involved in a removal action?

1. Only the lead defendant must consent

2. All defendants served with process must join in the removal

3. Only those with a financial stake in the outcome

4. Defendants are not required to join

The correct answer is: All defendants served with process must join in the removal

In a removal action, all defendants who have been served with process must consent to the removal to federal court. This requirement ensures that all parties involved in the litigation are in agreement regarding the transfer of jurisdiction. The rationale behind this rule is to protect the rights of all defendants and prevent any one defendant from making a unilateral decision that could disadvantage the others. This requirement emphasizes the importance of uniformity among defendants, as it would be inequitably disruptive if one defendant could compel the removal while others opted to remain in state court. Thus, if even one defendant who is properly served does not consent, the removal action is not valid, and the case must remain in the state court. In contrast, other options do not accurately reflect the legal standard for removal. The option suggesting that only the lead defendant's consent is necessary would undermine the collective rights and interests of the other defendants. Similarly, the mention of financial stakes being a factor for consent does not align with procedural requirements. Lastly, stating that defendants are not required to join contradicts the clear stipulation that those served must all agree to the removal.